When you're badly injured, the last thing you want to think about is filling out paperwork, searching for an attorney, or trying to gather evidence. Yet, these steps are necessary if you want to collect the compensation you deserve due to someone else's negligence. The more you know about personal injury cases and hiring an attorney, the less stressful this time will be.
We've created this website to offer basic personal injury law advice for anyone who has been injured or who may become injured in the future. Keep in mind that if you've been injured in a car accident, due to medical neglect, or even by slipping in someone else's parking lot, your case qualifies a personal injury case — and thus you'll find our collection of articles relevant.
Insurance companies will often try to settle injury cases with claimants. This is a perfectly normal outcome, and a personal injury attorney will usually consider it ideal. Going to court is a lengthy process, and it carries some risk compared to settlement.
For clients, though, this opens questions about when a personal injury lawyer will want to settle. It's a good idea to know what the conditions for a settlement are, and you can look at these four factors as you think about your claim.
Level of Medical Recovery
Your level of physical recovery, measured by medical examinations, is going to be by far the most relevant factor in this process. Legally, you only get one crack at reaching a settlement with the defendant or their insurer. If you settle for a particular amount and learn that you have undiscovered injuries later, there's no way to seek more money.
Consequently, a personal injury attorney will want to wait as long as necessary for you to reach the highest level of medical recovery possible. They can then determine what your total costs are and whether you might have lifelong or long-term care needs. You can then demand compensation for these needs in the settlement package.
Reports from Doctors
It's also just important to get all of the reports lined up before you decide to settle. Doctors often take some time to write reports, and that's especially the case if they have to consult with specialists. For example, a doctor might need to speak with a specialist to determine whether numbness in an accident victim's feet is due to spinal or nerve damage. Both are bad, but the chances for recovery may be different in each instance.
Disclosure of Information
Some cases hinge on the defendant's legal liability. This means a personal injury lawyer may need to obtain documents from the defense. For example, you might need maintenance logs for an office building if you fell because of a broken handrail in a stairway.
Defendants may not have this information readily available, and they may need some time. If they stall, a lawyer might also threaten them with a lawsuit to compel disclosure. Some cases may call for suing to compel the discovery of records.
The Insurer's Efforts
The insurance company may accept your demands from the start. However, they might also appoint an adjuster, review what happened, and propose a different settlement amount. This may lead to negotiations that could take months or years. A personal injury attorney will tell you when they think the negotiated amount is worth taking.
If you need help, reach out to a local personal injury attorney.